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OR, A

DICTIONARY

OF

ARTS, SCIENCES, AND MISCELLANEOUS

LITERATURE;

ENLARGED AND IMPROVED.

THE SIXTH EDITION.

Illustrated with nearly sir hundred Engravings.

VOL. III.

INDOCTI DISCANT; AMENT MEMINISSE PERITI.

EDINBURGH:

PRINTED FOR ARCHIBALD CONSTABLE AND COMPANY;
AND HURST, ROBINSON, AND COMPANY, 90, CHEAPSIDE,

LONDON.

1823.

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Association.

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ASS

SSOCIATION, the act of associating, or constituting a society, or partnership, in order to carry on some scheme or affair with more advantage.-The word is Latin, associatio; and compounded of ad, to, and socio, to join.

ASSOCIATION of Ideas, is where two or more ideas constantly and immediately follow or succeed one another in the mind, so that one shall almost infallibly produce the other, whether there be any natural relation between them or not. See METAPHYSICS. Where there is a real affinity or connexion in ideas, it is the excellency of the mind, to be able to collect, compare, and range them in order, in its inquiries: but where there is none, nor any cause to be assigned for their accompanying each other, but what is owing to mere accident or habit, this unnatural association becomes a great imperfection, and is, generally speaking, a main cause of error, or wrong deductions in reasoning. Thus the idea of goblins and sprights, it has been observed, has really no more affinity with darkness than with light; and yet let a foolish maid inculcate these ideas often on the mind of a child, and raise them there together, it is possible he shall never be able to separate them again so long as he lives, but darkness shall ever bring with it those frightful ideas. With regard to this instance, however, it must at the same time be observed, that the connection alluded to appears far from being either unnatural or absurd. See the article Ar

PARITION.

Such wrong combinations of ideas, Mr Locke shows, are a great cause of the irreconcileable opposition between the different sects of philosophy and religion: for we cannot imagine, that all who hold tenets different from, and sometimes even contradictory to, one another, should wilfully and knowingly impose upon themselves, and refuse truth offered by plain reason: but some loose and independent ideas are, by education, custom, and the constant din of their party, so coupled in their minds, that they always appear there together: these they can no more separate in their thoughts, than if they were but one idea, and they operate as if they were so. This gives sense to jargon, demonstra tion to absurdities, consistency to nonsense, and is the foundation of the greatest, and almost of all the errors in the world.

Association forms a principal part of Dr Hartley's mechanical theory of the mind. He distinguishes it into synchronous and successive; and ascribes our simple VOL. III. Part I.

ASS

and complex ideas to the influence of this principle Association. or habit. Particular sensations result from previous vibrations conveyed through the nerves to the medullary substance of the brain; and these are so intimately associated together, that any one of them, when impressed alone, shall be able to excite in the mind the ideas of all the rest. Thus we derive the ideas of natural bodies from the association of the several sensible qualities with the names that express them, and with each other. The sight of part of a large building suggests the idea of the rest instantaneously, by a synchronous association of the parts; and the sound of the words, which begin a familiar sentence, brings to remembrance the remaining parts, in order, by successive association. Dr Hartley maintains, that simple ideas run into complex ones by association; and apprehends, that by pursuing and perfecting this doctrine, we may some time or other be enabled to analyze those complex ideas, that are commonly called the ideas of reflection, or intellectual ideas, into their several component parts, i. e. into the simple ideas of sensation of which they consist; and that this doctrine may be of considerable use in the art of logic, and in explaining the various phenomena of the human mind.

ASSOCIATION of Parliament. In the reign of King William III. the parliament entered into a solemn association to defend his Majesty's person and government against all plots and conspiracies; and all persons bearing offices civil or military, were enjoined to subscribe the association to stand by King William, on pain of forfeitures and penalties, &c. by stat. 7 and 8 W. III. c. 27.

ASSOCIATION, African. This is an institution which was formed in the year 1788, for the purpose of promoting discoveries in the interior parts of Africa. Out of the number of the members, of which this society consists, five are elected for the management of its funds and correspondence, and for the appointment of persons to whom the missions are assigned. Mr Ledyard was the first who was sent out, for accomplishing the object. of the society. He undertook the adventurous task, of traversing from east to west, the widest part of the African continent, in the latitude which was ascribed to the Niger; and with this view he arrived at Cairo in August 1788. But before his projected journey commenced, he died, and the hopes that were enter tained of this enterprising and persevering traveller were disappointed. Mr Lucas was next chosen by the A committee,

answer each other in a kind of assonant rhyme, la- Assuan, ving each an e in the penult syllable, and an a in the Assumpsit. last. ASSUAN See SYENE.

Association committee. In October 1788, he embarked for TriB poli; and he was instructed to proceed over the desert Assonant. of Zaara to Fezzan, to collect all the information that could be obtained, respecting the interior of the African continent, and to transmit it by way of Tripoli. He was then to return by way of Gambia, or the coast of Guinea. But his peregrinations terminated at Mesurata. The difficulties and dangers which presented themselves deterred him from proceeding farther. He transmitted to the society only the result of his conferences with the traders to Fezzan, with whom he was travelling; and soon after returned to England.

The society still persevered in its object, and in the year 1790, appointed Major Houghton, with instructions to sail for the mouth of the Gambia, and to traverse the country from west to east. He arrived on the coast in November the same year, immediately commenced his journey, ascended the river Gambia to Medina, 900 miles distant from his mouth, and thence proceeded to Bambouk, and to the adjoining kingdom of Kasson, where, in September the year following, he unfortunately terminated his travels with his life, near to the town of Jarra.

Mr Park was engaged by the society in the same service in 1795, and pursuing the route of Major Houghton, more successfully explored the banks of the Niger, to Sego and to Silla, the first of that great line of populous cities which divide the southern from the northern deserts of Africa. The information which Mr Park collected, during his adventurous journey, was communicated to the society in 1798. In a second journey, commenced in 1805, this enterprising traveller perished, after having reached the Niger; but the circumstances of his death have not been ascertained with perfect certainty.

Mr Horneman, who had offered himself to the committee in 1796, departed from London in July 1797, and proceeding by Cairo, commenced his journey westward with the caravan, in September 1798. In November following, he arrived at Mourzouk in Fezzan, from which his last despatches to the society were transmitted by way of Tripoli, but no accounts of his death ever reached the society.

John L. Burckhardt, the son of a citizen of Basle in Switzerland, was engaged by the society in 1808. After some preparatory steps, be set out in March 1809. He remained two years and a half at Aleppo; thence he went to Egypt. Unfortunately no caravan set out for the interior of Africa for a series of years. He was thus disappointed in his leading object; but he made two journeys up the Nile, and visited Mecca, Medina, and Mount Sinai. Diseases brought on by fatigue and the climate, at length put a period to his life in September 1817. See AFRICA, SUPPLEMENT.

ASSOILZIE, in Law, to absolve or free. ASSONANCE, in Rhetoric and Poetry, a term used where the words of a phrase or a verse have the same sound, or termination, and yet make no proper rhyme. These are usually accounted vicious in English; though the Romans sometimes used them with elegancy; as, Militem comparavit, exercitum ordinavit, aciem lustravit.

ASSONANT RHYMES, is a term particularly applied to a kind of verses common among the Spaniards, where a resemblance of sound serves instead of a natural rhyme. Thus ligera, cubierta, tierra, mesa, may

ASSUMPSIT, in the Law of England, a voluntary or verbal promise, whereby a person assumes, or takes upon him to perform or pay any thing to another. A promise is in the nature of a verbal convenant, and wants nothing but the solemnity of writing and sealing to make it absolutely the same. If therefore it be to do any explicit act, it is an express contract, as much as any covenant; and the breach of it is an equal injury. The remedy indeed is not exactly the same: since, instead of an action of covenant, there only lies an action upon the case, for what is called an assumpsit or undertaking of the defendant; the failure of performing which is the wrong or injury done to the plaintiff, the damages whereof a jury are to estimate and settle. As, if a builder promises, undertakes, or assumes to Caius, that he will build and cover his house within a time limited, and fails to do it; Caius has an action on the case against the builder for this breach of his express promise, undertaking, or assumpsit; and shall recover a pecuniary satisfaction for the injury sustained by such delay. So also in the case of a debt by simple contract, if the debtor promises to pay it and does not, this breach of promise entitles the creditor to his action on the case, instead of being driven to an action of debt. Thus likewise a promissory note, or note of hand not under seal, to pay money at a day certain, is an express assumpsit; and the payee at common law, or by custom and act of parliament the indorsee, may recover the value of the note in damage, if it remains unpaid. Some agreements indeed, though never so expressly made, are deemed of so important a nature, that they ought not to rest in verbal promise only, which cannot be proved but by the memory (which sometimes will induce the perjury of witnesses. To prevent which, the statute of frauds and perjuries, 29 Car. II. c. 3. enacts, that in the five following cases no verbal promise shall be sufficient to ground an action upon, but at the least some note or memorandum of it shall be made in writing, and signed by the party to be charged therewith: 1. Where an executor or administrator promises to answer damages out of his own estate. 2. Where a man undertakes to answer for the debt, default, or miscarriage, of another. 3. Where any agreement is made upon consideration of marriage. 4. Where any contract or sale is made of lauds, tenements, or hereditaments, or any interest therein. 5. And lastly, where there is any agreement that is not to be performed within a year from the making hereof. In all these cases a mere verbal assumpsit is void.

From these express contracts the transition is easy to those that are only implied by law. Which are such as reason and justice dictate, and which therefore the law presumes that every man has contracted to perform; and, upon this presumption, makes him answerable to such persons as suffer by his non-performance.

Thus, 1. If I employ a person to transact any business for me, or perform any work, the law implies that I undertook, or assumed, to pay him so much as his labour deserved; and if I neglect to make him amends, he has a remedy for his injury by bringing his action on the case upon this implied assumpsit: wherein he is

so

Assumpsit. at liberty to suggest that I promised to pay him much as he reasonably deserved, and then to aver that his trouble was really worth such a particular sum, which the defendant has omitted to pay. But this valuation of his trouble is submitted to the determination of a jury; who will assess such a sum in damages as they think he really merited. This is called an acsumpsit on a quantum meruit.

2. There is also an implied assumpsit on a quantum valebat, which is very similar to the former; being only where one takes up goods or wares of a tradesman, without expressly agreeing for the price. There the law concludes, that both parties did intentionally agree that the real value of the goods should be paid; and an action on the case may be brought accordingly, if the vendee refuses to pay that value.

3. A third species of implied assumpsit is when one has had and received money belonging to another without any valuable consideration given on the receiver's part; for the law construes this to be money had and received for the use of the owner only; and implies that the person so receiving, promised and undertook to account for it to the true proprietor. And, if he unjustly detains it, an action on the case lies against him for the breach of such implied promise and undertaking; and he will be made to repair the owner in damages, equivalent to what he has detained in such violation of his promise. This is a very extensive and beneficial remedy, applicable to almost every case where the defendant has received money which ex æquo et bono he ought to refund. It lies for money paid by mistake, or on a consideration which happens to fail, or through imposition, extortion, or oppression, or where undue advantage is taken of the plaintiff's situation.

4. Where a person has laid out and expended his own money for the use of another at his request, the law implies a promise of repayment, and an action will lie on this assumpsit.

5. Likewise, fifthly, upon a stated account between two merchants, or other persons, the law implies that he against whom the balance appears has engaged to pay to the other; though there be not any actual promise. And from this implication it is frequent for actions on the case to be brought, declaring that the plaintiff and defendant had settled their accounts toge ther, insimul computassent (which gives name to this species of assumpsit); and that the defendant engaged to pay the plaintiff the balance, but has since neglected to do it. But if no account has been made up, then the legal remedy is by bringing a writ of account, de computo; commanding the defendant to render a just account to the plaintiff, or show the court good cause to the contrary. In this action, if the plaintiff succeeds, there are two judgments; the first is, that the defendant do account (quod computet) before auditors appointed by the court; and when such account is finished, then the second judgment is, that he do pay the plaintiff so much as he is found in arrear.

6. The last class of contracts, implied by reason and construction of law, arises upon this supposition, that every one who undertakes any office, employment, trust, or duty, contracts with those who employ or intrust him, to perform it with integrity, diligence, and skill and if by his want of either of those qualities any injury accrues to individuals, they have therefore their

If an

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Assumptive.

remedy in damages by a special action on the case. A Assumpsit few instances will fully illustrate this matter. officer of the public is guilty of neglect of duty, or a palpable breach of it, of non-feasance, or of mis-feasance; as, if the sheriff does not execute a writ sent to him, or if he wilfully makes a false return thereof; in both these cases the party aggrieved shall have on action on the case for damages to be assessed by a jury. If a sheriff or gaoler suffers a prisoner who is taken upon mesne process (that is, during the pendency of a suit) to escape, he is liable to an action on the case. But if, after judgment, a gaoler or sheriff permits a debtor to escape, who is charged in execution for a certain sum; the debt immediately becomes his own, and he is compellable by action of debt, being for a sum liquidated and ascertained, to satisfy the creditor in his whole demand. An advocate or attorney that betray the cause of their client, or, being retained, neglect to appear at the trial, by which the cause miscarries, are liable to an action on the case, for a reparation to their injured client. There is also in law always an implied contract with a common innkeeper, to secure his guest's goods in his inn; with a common carrier or barge-master, to be answerable for the goods he carries; with a common farrier, that he shoes a horse well, without laming him; with a common taylor, or other workman, that he performs his business in a workmanlike manner in which if they fail, an action on the case lies to recover damages for such breach of their general undertaking. Also, if an innkeeper, or other victualler, hangs out a sign and opens his house for tra vellers, it is an implied engagement to entertain all persons who travel that way; and upon this universal assumpsit an action on the case will lie against him for damages, if he without good reason refuses to admit a traveller. In contracts likewise for sales, if the seller doth upon the sale warrant it to be good, the law annexes a tacit contract to this warranty, that if it be not so, he shall make compensation to the buyer; else it is an injury to good faith, for which an action on the case will lie to recover damages.

ASSUMPTION, a festival in the Romish church, in honour of the miraculous ascent of the Virgin Mary into heaven the Greek church, who also observe this festival, celebrate it on the 15th of August with great

ceremony.

ASSUMPTION, in Logic, is the minor or second proposition, in a categorical syllogism. ASSUMPTION is also used for a consequence drawn from the proposition whereof an argument is compose ASSUMPTION, an island in North America, the gulf of St Lawrence, at the mouth of the gre river of the same name. It is covered with tree W. Long. 60. 40. N. Lat. 49. 30.

ASSUMPTION, a large and hap some town of Proper Paraguay, on the river of the same name in South America. It is a bishop's see, is well peopled, and seated in a country fruitful in corn and fruits, whose trees are alThere is likewise a quantity of pasture, ways green. and the air is temperate and salutary. W. Long. 58. 40. S. Lat. 24. 50.

ASSUMPTIVE ARMS, in Heraldry, are such as a person has a right to assume, with the approbation of his sovereign, and of the heralds: thus, if a person who has no right by blood, and has no coat of arms,

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shall

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